A contract, handover record and rent accrual do not alone establish whether premises were delivered and used. Equally, one missing document does not automatically make a lease a sham.
This guide is for a creditor, debtor or counterparty reviewing a rental claim or disputed transaction in Russian bankruptcy. Primary law checked on 25 October 2026: Civil Code Article 170, Supreme Court Plenum Resolution No. 25 of 23 June 2015, paragraphs 86–87, and Commercial Procedure Code Article 71. Future amendments are not applied.
🔎 Sham, disguised transaction or an ordinary rent dispute?
The informal label “fictitious” is not a legal ground. Article 170(1) concerns a transaction made for appearances without intending its corresponding legal effects. Under paragraph 2, a disguised transaction conceals a different transaction or different terms: the rules governing what the parties actually intended apply.
Paragraph 86 of Plenum No. 25 recognises that apparent performance can itself be staged. A signed handover record therefore does not end the inquiry. Paragraph 87 requires attention to the parties’ shared intention concerning the concealed transaction; one party’s undisclosed intention is insufficient.
📁 Compare the documents with actual use
| Question | Sources | Issue to establish |
|---|---|---|
| Which premises were provided? | Contract, plan, identifiers and the landlord’s title or authority | Can the premises and the transferor’s powers be identified? |
| When did access begin? | Handover record, keys, passes, correspondence and access requests | Does the start of use match the period claimed? |
| How were the premises used? | Photographs, records of equipment, deliveries and staff activity | Is there a consistent record of actual use? |
| How were payments handled? | Statements, receipts, invoices, reconciliation and set-off terms | Who received money, for which period, and was repayment credited? |
| When were the premises returned? | Return record, key delivery, notices and meter readings | Why did rent accrual stop or continue on the stated date? |
These are practical lines of inquiry, not a mandatory document list for every lease. Low electricity use, for example, must be considered against the premises’ purpose and operating schedule. Under Article 71, evidence is assessed together; neither the contract nor one certificate has predetermined evidentiary force.
⚖️ Identify the issue before the court
A debt claim
Check its basis, periods, amount and actual performance. Direct objections at the particular claim.
Transaction invalidity
Identify the legal ground, the applicant’s standing and the consequences sought. Reviewing a debt does not replace every separate transaction dispute.
An individual’s housing costs
A request to retain money for accommodation needs evidence of necessity and amount. This is a separate issue even where the tenancy is genuine.
If rent debt is already supported by a court judgment, review that judgment’s effect and the proper appeal or review route separately. A register objection cannot be assumed to reopen everything. See objections to a creditor’s claim in company bankruptcy.
Do not apply the periods for special bankruptcy avoidance grounds to Article 170 without separate analysis. The guide to challenging company transactions distinguishes those grounds.
🧮 Illustrative reconciliation of rent debt
A claimant charges RUB 80,000 for six months: 80,000 × 6 = RUB 480,000. A documented RUB 120,000 has been credited against that same debt. The balance to verify is 480,000 − 120,000 = RUB 360,000.
This is arithmetic under stated assumptions. It proves neither actual use, the correct period, contract validity nor admission of the whole amount. Check penalties, utilities and the security deposit separately; a deposit is not necessarily credited to rent automatically.
📝 Request records and identify discrepancies
Working outline for a request for explanations
“The claim in case No. … includes rent for premises … for the period … . Please provide records identifying the premises and the landlord’s authority, delivery and return, access and actual use, and a monthly calculation reflecting payments. Please explain the discrepancy between the date … in the contract and the information … . My authority and procedural status are evidenced by … .”
Use only known facts. For a court filing, identify the specific relief sought and include evidence of service on the participants.
- Compile one timeline of the contract, delivery, use, payments and return.
- Compare both parties’ information with available independent records.
- Separate established facts from assumptions and identify exactly what is missing.
- Prepare a position for the particular dispute and submit it to the court in time.
For a debtor’s accommodation costs, use the separate guide to a tenancy agreement and housing expenses for the court.
Frequently asked questions
Does a signed handover record rule out a sham?
No. Paragraph 86 of Plenum No. 25 recognises apparent performance for appearances. A sham allegation still requires examination of the facts.
Does unpaid rent mean the contract is fictitious?
No. A genuine lease may involve debt. The parties’ intentions and actual performance need examination.
Is affiliation enough to reject the entire claim?
A connection alone does not replace review of the basis, performance and calculation. An objection should be supported by the circumstances taken together.
Are copies always inadmissible?
No. Article 71(6) addresses a particular combination involving an unavailable original, inconsistent copies and inability to establish the source content through other evidence. It does not prohibit copies generally.
Primary sources
- Russian Civil Code Article 170.
- Supreme Court Plenum No. 25 of 23 June 2015, paragraphs 86–87.
- Commercial Procedure Code Article 71.
Need to review a rent claim?
We can compare the agreement, actual use and calculation. The legal assessment depends on the evidence and the issue before the court.
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